Press releases after the hearing

• P 12/12, Terms of granting remuneration to court-appointed guardians

  At the hearing on 14 January 2014 at 9 a.m., the Constitutional Tribunal considered joined questions of law, referred by the Sąd Okręgowy Warszawa-Praga (the Circuit Court), the 2nd Civil Division, in Warsaw, concerning terms of granting remuneration to court-appointed guardians. The Tribunal discontinued the review proceedings on the basis of Article 39(1)(1) and (3) of the Constitutional Tribunal Act of 1 August 1997. The subject of the...

• P 43/12, Press release after the hearing concerning the possibility of seizing arms and ammunition as well as documents certifying the legal possession of arms from a person against whom criminal proceedings have been instituted

  Temporary seizure of arms from a person accused of committing a deliberate offence, or an indeliberate offence against life and health or against safety in traffic, while in a state of insobriety or under the influence of a narcotic drug, or who has fled from the scene of the event, is consistent with the Constitution. At the hearing on 18 December 2013 at 9.00 a.m., the Constitutional Tribunal considered a question of law, referred by the Voivodeship Administrative...

• SK 29/12, Press release after the hearing concerning the adjustment of amounts of old-age benefits for uniformed services

  The challenged provision on the adjustment of amounts of old-age benefits for uniformed services, insofar as it is applicable to old-age pensions granted before 1 January 1999, is consistent with the Constitution. At the hearing on 17 December 2013 at 9 a.m., the Constitutional Tribunal considered a constitutional complaint, submitted by Z. B., which concerned the adjustment of amounts of old-age benefits for uniformed services. The...

• K 5/13, Press release after the hearing concerning the obligation to have one’s driving licence replaced (a risk that driving licences issued on the basis of previously binding provisions will cease to be valid for an indefinite period)

  The replacement of driving licences that have been issued for an indefinite period is consistent with the Constitution. At the hearing on 12 December 2013 at 8.30 a.m., the Constitutional Tribunal considered joined applications, submitted by a group of Senators and a group of Sejm Deputies, with regard the obligation to have one’s driving licence replaced (a risk that driving licences issued on the basis of previously binding provisions would cease to be valid for...

• U 5/13, Press release after the hearing concerning the exemption of police officers and firefighters from service if they suffer from chronic hepatitis or from acquired immunodeficiency syndrome (AIDS)

  Taking it for granted that every person who is an HIV carrier, or suffers from acquired immunodeficiency syndrome (AIDS) or chronic hepatitis, is completely incapable of service with the police or the National Fire Service, regardless of his/her position and state of health, is inconsistent with the Constitution. At the hearing on 10 December 2013 at 2 p.m., the Constitutional Tribunal considered an application, submitted by the Polish...

• P 25/12, Access to public information

  At the hearing on 13 November 2013 at 8.30 a.m., the Constitutional Tribunal (full bench) considered a question of law, referred by the Supreme Administrative Court, concerning access to public information. The Constitutional Tribunal adjudicated that Article 1(1) and Article 6(1)(1)(a) and (b) as well as Article 6(1)(3)(c) of the Act of 6 September 2001 on Access to Public Information - construed in a way that they categorised data which...

• K 31/12, The Act on the Organisational Structure of Common Courts

  At the hearings on 30 October and 7 November 2013, the Constitutional Tribunal (full bench) considered an application, submitted by the National Council of the Judiciary of Poland, concerning the Act on the Organisational Structure of Common Courts. In its judgment of 7 November 2013, the Constitutional Tribunal adjudicated that:I. 1.The Act of 18 August 2011 amending the Act on the Organisational Structure of Common Courts and...

• K 30/11, Refusal as well as revocation of the ex officio appointment of defence counsel

  The lack of a judicial review for dispositions issued by the president of a given court to refuse the ex officio appointment of defence counsel for an accused person who has filed a motion in accordance with Article 78(1) of the Code of Criminal Procedure as well as failure to consider the possibility of appealing against a court’s decision to revoke the ex officio appointment of defence counsel are inconsistent with the Constitution. At the hearing...

• SK 40/12, The application of a compulsory mortgage in the course of tax inspection

  The application of a compulsory mortgage “if it may be reasonably expected that a tax liability will not be performed” is consistent with the Constitution. However, what is inconsistent with the Constitution is the complete exclusion of a limitation period with regard to tax liabilities secured with a compulsory mortgage. At the hearing on 8 October 2013 at 9 a.m., the Constitutional Tribunal considered joined constitutional complaints, submitted by a limited...

• K 22/12, Local taxes and duties levied on spas and other health resorts

  Taxes on immovable properties related to the provision of healthcare services are consistent with the Constitution. At the hearing on 26 September 2013 at 10.00 a.m., the Constitutional Tribunal considered an application, submitted by the City Council of Kołobrzeg, with regard to a tax on immovable properties related to the provision of healthcare services. The Constitutional Tribunal adjudicated that Article 5(1)(2)(d) of the Local Taxes and Duties Act...

• SK 9/10, Press release after the hearing concerning the obligatory execution of the conditionally suspended penalty of deprivation of liberty for committing a similar offence to the previous one

  At the hearing on 17 July 2013 at 9 a.m., the Constitutional Tribunal (full bench) considered a constitutional complaint, submitted by T. B., which concerned the obligatory execution of the conditionally suspended penalty of deprivation of liberty for committing an offence that was similar to the previous one. The Constitutional Tribunal adjudicated that Article 75(1) of the Act of 6 June 1997 – the Penal Code, insofar as it did not provide for...

• K 7/12, The enactment of a bill classified as urgent that aimed at increasing disability pension contributions paid by employers.

  The Act increasing disability pension contributions paid by employers is consistent with the Constitution. At the hearing on 15 July 2013 at 9.00 a.m., the Constitutional Tribunal (full bench) considered an application, submitted by a group of Sejm Deputies, with regard to the enactment of a bill classified as urgent that aimed at increasing disability pension contributions paid by employers. The Constitutional Tribunal adjudicated that: 1. the Act of...